Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---Complainant/eye-witness of the occurrence, though was closely related to the deceased, but she had no enmity or strong motive to falsely implicate accused in the case---Substitution in such like cases was a rare phenomenon---Complainant had reasonably explained her presence at the place of occurrence and there was no reason not to accept her statement---Even her presence at the spot was not disputed by the defence as she was resident of the same house in which the occurrence took place---Complainant had reiterated the story given in the F.I.R. and nothing could be shaken from her testimony, despite she was subjected to cross-examination---Other prosecution witness remained consistent on all material particulars of the case and the defence could shake nothing from his testimony despite his cross-examination to which he was subjected during the trial---Said witness corroborated the statement of eye-witness on main points---Witness though was also related to the complainant and the deceased, but he had no enmity with accused to falsely depose against him; he had also reasonably proved his presence at the spot to have witnessed the occurrence as he hailed from the same vicinity, where the occurrence took place; his testimony seemed to be worthy of credence---Ocular account in the case was supported by the medical evidence furnished by the doctor who conducted postmortem examination on the body of the deceased---Time of occurrence given in F.I.R., time of death and duration mentioned by the doctor, coincided with each other---Accused was alleged to have caused thirteen injuries on the person of the deceased with "Danda" but same being not blood-stained, recovery of said `Danda' was of no avail to the prosecution---Even if recovery of Danda was excluded from the prosecution evidence, sufficient material was on the record against the accused---Prosecution, in circumstances, had proved its case against accused beyond any shadow of doubt---Conviction of accused under S.302(b), P.P.C., was maintained, in awarding lesser sentence to…